Legal Procedure for NYS Civil, NYS Criminal and Federal Practice

Catalog description

This course provides an overview of the procedural aspects of civil and criminal actions and proceedings in New York State and Federal Courts. The New York Civil component will address the jurisdiction and function of the State’s various courts (Town, Village, County, Supreme, Family, Surrogate and Appellate levels) and legal concepts such as statute of limitations, service of process, pleadings, discovery, motions and filing of papers (including the NYS Electronic Filing System). The focus will be on New York Civil Practice Law and Rules (CPLR) and Uniform Trial Court Rules. Substantive law will be used to expand the students’ knowledge and provide context. The New York Criminal component will discuss criminal law including frequently seen criminal offenses, common search and seizure issues. Reading noteworthy court decisions, students will learn how a criminal case moves through the court system.  The Federal section will focus on the structure of the federal courts through review of case law and lectures. Topics covered include: the differences between a District Judge and a Magistrate Judge; the stages of a federal criminal prosecution; the role of the U.S. Attorney’s Office and the Federal Public Defender’s Office; and the scope of federal court jurisdiction over civil matters.